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THIE3 



doK^iTUYioK 



OF THE 



STATE OF NEW JERSEY. 





Printed by Authority of the Department of State. 



TEENTON, N. J.: 

NAAR, DAY & NAAR, BOOK AND JOB PRINTERS. 

1875. 
,1V 



;• 



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6> 



COISTBTITTJTIOISr 



A Constitution agreed upon by the delegates of the people of 
New Jersey, in convention, begun at Trenton oil* the fourteenth 
day of May, and continued to the twenty-ninth day of June in 
the year of our Lord one thousand eight hundred and forty- 
four, ratified by the people at an election held on the thirteenth 
day of August, A. D. 1844, and amended at a special election 
held on the seventh day of September, A. D. 1875. 

We, the people of the State of New Jersey, grateful to 
Almighty God for the civil and religious liberty which He 
hath so long permitted us to enjoy, and looking to Him for 
a blessing upon our endeavours to secure and transmit the 
same unimpaired to succeeding generations, do ordain and 
establish this Constitution 

ARTICLE I. 

RIGHTS and privileges. 

1. All men are by nature free and independent, and have 
certain natural and unalienable rights, among which are" 
those of enjoying and defending life and liberty, acquiring, 
possessing, and protecting property, and of pursuing and 
obtaining safety and happiness. 

2. All political power is inherent in the people. Govern- 
ment is instituted for the protection, security, and benefit of 
the people, and they have the right at all times to alter or 
reform the same, whenever the- public good may require it. 

3. No person shall be deprived of the inestimable privi- 
lege of worshipping Almighty God in a manner agreeable 
to the dictates of his own conscience ; nor under any pre- 



CONSTITUTION OF THE 



tense whatever be compelled to attend any place of worship 
contrary to his faith and judgment ; nor shall any person be 
obliged to pay tithes, taxes, or other rates for building or 
repairing any church or churches, place or places of worship, 
or for the maintenance of any minister or ministry, contrary 
to what he believes to be right, or has deliberately and 
voluntarily engaged to perform. 

4. There shall be no establishment of one religious sect in 
preference to another ; no religious test shall be required as 
a qualification for any office or public trust ; and no person 
shall be denied the enjoyment of any civil right merely on 
account of his religious principles. 

5. Every person may freely speak, write, and publish his 
sentiments on all subjects, being responsible for the abuse of 
that right. No law shall be passed to restrain or abridge 
the liberty of speech or of the press. In all prosecutions or 
indictments for libel, the truth may be given in evidence to 
the jury ; and if it shall appear to the jury that the matter 
charged as libellous is true, and was published with good 
motives and for justifiable ends, the party shall be acquitted ; 
and the jury shall have the right to determine the law and 
the fact. 

6. The right of the people to be secure in their persons, 
houses, papers, and effects, against unreasonable searches and 
seizures, shall not be violated ; and no warrant shall issue 
but upon probable cause, supported by oath or affirmation, 
and particularly describing the place to be searched and the 
papers and things to be seized. 

7. The right of a trial by jury shall remain inviolate : but 
the legislature may authorize the trial of civil suits, when 
the matter in dispute does not exceed fifty dollars, by a jury 
of six men. 

8. In all criminal prosecutions the accused shall have the 
right to a speedy and public trial by an impartial jury ; to 
be informed of the nature and cause of the accusation ; to be 
confronted with the witnesses against him ; to have compul- 



STATE OF NEW JERSEY. 



sory process for obtaining witnesses in his favour, and to have 
the assistance of counsel in his defense. 

9. No person shall be held to answer for a criminal offense, 
unless on the presentment or indictment of a grand jury, 
except in cases of impeachment, or in cases cognizable by 
justices of the peace, or arising in the army or navy : or in 
the militia, when in actual service in time of war or public 
danger. 

10. No person shall after acquittal, be tried for the same 
offense. All persons shall, before conviction, be bailable by 
sufficient sureties, except for capital offenses, when the proof 
is evident or presumption great. 

11. The privilege of the writ of habeas corpus shall not be 
suspended, unless in case of rebellion or invasion the public 
safety may require it. 

12. The military shall be in strict subordination to the 
civil power. 

13. No soldier shall, in time of peace, be quartered in any 
house without the- consent of the owner ; nor in time of war 
except in a manner prescribed by law. 

14. Treason against the State shall consist only in levying 
war against it, or in adhering to its enemies, giving them 
aid and comfort. No person shall be convicted of treason, 
unless on the testimony of two witnesses to the same overt 
act, or on confession in open court. 

15. Excessive bail shall not be required, excessive fines 
shall not be imposed, and cruel and unusual punishments 
shall not be inflicted. 

16. Private property shall not be taken for public use 
without just compensation ; but land may be taken for public 
highways as heretofore until the legislature shall direct 
compensation to be made. 

17. No person shall be imprisoned for debt in any action, 
or on any judgment founded upon contract, unless in cases 
of fraud ; nor shall any person be imprisoned for a militia 
fine in time of peace. 



6 CONSTITUTION OF THE 



18. The people have the right freely to assemble together, 
to consult for the common good, to make known their 
opinions to their representatives, and to petition for redress 
of grievances. 

19. No county, city, borough, town, township or village 
shall hereafter give any money or property, or loan its 
mone}^ or credit, to or in aid of any individual association 
or corporation, or become security for or be directly or indi- 
rectly the owner of any stock or bonds of any association or 
corporation. 

20. No donation of land or appropriation of money shall 
be made by the State or any municipal corporation to or 
for the use of any society, association or corporation what- 
ever. 

21. This enumeration of rights and privileges shall not be 
construed to impair or deny others retained by the people. 

ARTICLE II. 

RIGHT OF SUFFRAGE. 

1. Every male citizen of the United States, of the age of 
twenty-one years, who shall have been a resident of this state 
one year, and of the county in which he claims his vote 
five months, next before the election, shall be entitled to vote 
for all officers that now are, or hereafter may be elective by 
the people ; provided, that no person in the military, naval, 
or marine service of the United States shall be considered a 
resident in this state, by being stationed in any garrison, 
barrack, or military or naval place or station within this 
state; and no pauper idiot, insane person, or person con- 
victed of a crime which now excludes him from being a 
witness unless pardoned or restored by law to the right of 
suffrage, shall enjoy the right of an elector ; and provided 
further, that in time of war no elector in the actual military 
service of the state, or of the United States, in the army or 



STATE OF NEW JERSEY. 



navy thereof, shall be deprived of his vote by reason of his 
absence from such election district; and the legislature 
shall have power to provide the manner in which, and the 
time and place at which, such absent electors may vote, and 
for the return and canvass of their votes in the election 
districts in which they respectively reside. 

2. The legislature may pass laws to deprive persons of 
the right of suffrage who shall be convicted of bribery. 

ARTICLE III. 

DISTRIBUTION OF THE POWERS OF GOVERNMENT. 

1. The powers of the government shall be divided into three 
distinct departments — the legislative, executive, and judi- 
cial ; and no person or persons belonging to, or constituting 
one of these departments, shall exercise any of the powers 
properly belonging to either of the others, except as herein 
expressly provided. 

ARTICLE IV. 

LEGISLATIVE. 

Section I. 

1. The legislative power shall be vested in a senate and 
general assembly. 

2. No person shall be a member of the senate who shall 
not have attained the age of thirty years, and have been 
a citizen and inhabitant of the state for four years, and 
of the county for which he shall be chosen one year, next 
before his election ; and no person shall be a member of the 
general assembly who shall not have attained the age of 
twenty-one years, and have been a citizen and inhabitant 
of the state for two years, and of the county for which he 



8 CONSTITUTION OF THE 



shall be chosen one year next before his election ; provided, 
that no person shall be eligible as a member of either house 
of the legislature, who shall not be entitled to the right of 
suffrage. 

3. Members of the senate and general assembly shall be 
elected yearly and every year, on the first Tuesday after the 
first Monday in November ; and the two houses shall meet 
separately on the second Tuesday in January next after the 
said day of election, at which time of meeting, the legisla- 
tive year shall commence ; but the time of holding such 
election may be altered by the legislature. 

Section II 

1. The senate shall be composed of one senator from each 
county in the state, elected by the legal voters of the coun- 
ties, respectively, for three years. 

2. As soon as the senate shall meet after the first election 
to be held in pursuance of this constitution, they shall be 
divided as equally as may be into three classes. The seats 
of the senators of the first class shall be vacated at the ex- 
piration of the first year ; of the second class at the expira- 
tion of the second year; and of the third class at the 
expiration of the third year, so that one class may be elected 
every year : and if vacancies happen, by resignation or 
otherwise, the persons elected to supply such vacancies shall 
be elected for the unexpired terms only. 

Section III 

1. The general assembly shall be composed of members 
annually elected by the legal voters of the counties, respec- 
tively, who shall be apportioned among the said counties as 
nearly as may be according to the number of their inhab- 
itants. The present apportionment shall continue until the 
next census of the United States shall have been taken, and 
an apportionment of members of the general assembly shall 



STATE OF NEW JERSEY. 9 



be made by the legislature at its first session after the next 
and every subsequent enumeration or census, and when 
made shall remain unaltered until another enumeration 
shall have been taken ; provided, that each county shall at 
all times be entitled to one member : and the whole number 
of members shall never exceed sixty. 

Section IV. 

1. Each house shall direct writs of election for supplying 
vacancies, occasioned by death, resignation, or otherwise ; 
but if vacancies occur during the recess of the legislature, 
the writs may be issued by the governor, under such regu- 
lations as may be prescribed by law. 

2. Each house shall be the judge of the elections, returns, 
and qualifications of its own members, and a majority of 
each shall constitute a quorum to do business ; but a smaller 
number may adjourn from day to day, and may be author- 
ized to compel the attendance of absent members, in such 
manner, and under such penalties, as each house may pro- 
vide. 

3. Each house shall choose its own officers, determine the 
rules of its proceedings, punish its members for disorderly 
behaviour, and, with the concurrence of two-thirds, may 
expel a member. 

4. Each house shall keep a journal of its proceedings, 
and from time to time publish the same ; and the yeas and 
nays of the members of either house on any question shall, 
at the desire of one-fifth of those present, be entered on the 
journal. 

5. Neither house, during the session of the legislature, 
shall, without the consent of the other, adjourn for more 
than three days, nor to any other place than that in which 
the two houses shall be sitting. 

6. All bills and joint resolutions shall be read three 
times in each house, before the final passage thereof; and 



10 CONSTITUTION OF THE 



no bill or joint resolution shall pass, unless there be a 
majority of all the members of each body personally present 
and agreeing thereto ; and the yeas and nays of the mem- 
bers voting on such final passage shall be entered on the 
journal. 

7. Members of the senate and general assembly shall 
receive annually the sum of five hundred dollars during 
the time for which they shall have been elected, and while 
they shall hold their office, and no other allowance or 
emolument, directly or indirectly, for any purpose what- 
ever. The president of the senate, and the speaker of the 
house of assembly shall, in virtue of their offices, receive an 
additional compensation, equal to one-third of their allow- 
ance as members. 

8. Members of the senate and general assembly shall, in 
all cases except treason, felony, and breach of the peace, be 
privileged from arrest during their attendance at the sitting 
of their respective houses, and in going to and returning 
from the same : and for any speech or debate, in either 
house, they shall not be questioned in any other place. 

Section V. 

1. No member of the senate or general assembly shall, 
during the time for which he was elected, be nominated or 
appointed by the governor or by the legislature in joint 
meeting, to any civil office under the authority of this state, 
which shall have been created, or the emoluments whereof 
shall have been increased, during such time. 

2. If any member of the senate or general assembly shall 
be elected to represent this state in the senate or house of 
representatives of the United States, and shall accept thereof, 
or shall accept of any office or appointment under the gov- 
ernment of the United States, his seat in the legislature of 
this state shall thereby be vacated. 

3. No justice of the supreme court, nor judge of any 



STATE OF NEW JERSEY. 11 



other court, sheriff, justice of the peace, nor any person or 
persons possessed of any office of profit under the govern- 
ment of this state shall be entitled to a seat either in the 
senate or in the general assembly ; but on being elected and 
taking his seat his office shall be considered vacant : and 
no person holding any office of profit under the government 
of the United States shall be entitled to a seat in either 
house. 

Section VI. 

1. All bills for raising revenue shall originate in the 
house of assembly ; but the senate may propose or concur 
with amendments, as on other bills. 

2. No money shall be drawn from the treasury but for 
appropriations made by law. 

3. The credit of the state shall not be directly or indirectly 
loaned in any case. 

4. The legislature shall not, in any manner, create any 
debt or debts, liability or liabilities, of the state, which shall 
singly or in the aggregate with any previous debts or lia- 
bilities at any time exceed one hundred thousand dollars, 
except for purposes of war, or to repel invasion, or to sup- 
press insurrection, unless the same. shall be authorized by 
a law for some single object or work, to be distinctly specified 
therein ; which law shall provide the ways and means, 
exclusive of loans, to pay the interest of such debt or lia- 
bility as it falls due, and also to pay and discharge the 
principal of such debt or liability within thirty-five years 
from the time of the contracting thereof, and shall be irre- 
pealable until such debt or liability, and the interest thereon, 
are fully paid and discharged : and no such law shall take 
effect until it shall, at a general election, have been sub- 
mitted to the people, and have received the sanction of a 
majority of all the votes cast for and against it at such 
election : and all money to be raised by the authority of 



12 CONSTITUTION OF THE 



such law shall be applied only to the specific object stated 
therein, and to the payment of the debt thereby created. 
This section shall not be construed to refer to any money 
that has been, or may be, deposited with this state by the 
government of the United States. 

Section VII. 

1. No divorce shall be granted by the legislature. 

2. No lottery shall be authorized by this state ; and no 
ticket in any lottery not authorized by a law of this state 
shall be bought or sold within the state. 

3. The legislature shall not pass any bill of attainder, ex 
post facto law, or law impairing the obligation of contracts, 
or depriving a party of any remedy for enforcing a contract 
which existed when the contract was made. 

4. To avoid improper influences which may result from 
intermixing in one and the same act such things as have 
no proper relation to each other, every law shall embrace 
but one object, and that shall be expressed in the title. No 
law shall be revived or amended by reference to its title 
only, but the act revived, or the section or sections amended, 
shall be inserted at length. No general law shall embrace 
any provision of a private, special or local character. No 
act shall be passed which shall provide that any existing 
law, or any part thereof, shall be made or deemed a part of 
the act, or which shall enact that any existing law, or any 
part thereof, shall be applicable, except by inserting it in 
such act. 

5. The laws of this state shall begin in the following 
style, " Be it enacted by the Senate and General Assembly 
of the State of New Jersey." 

6. The fund for the support of free schools, and all money, 
stock, and other property, which may hereafter be appro- 
priated for that purpose, or received into the treasury under 
the provision of any law heretofore passed to augment the 



STATE OF NEW JERSEY. 13 



said fund, shall be securely invested, and remain a perpetual 
fund ; and the income thereof, except so much as it may be 
judged expedient to apply to an increase of the capital, 
shall be annually appropriated to the support of public free 
schools, for the equal benefit of all the people of the state; 
and it shall not be competent for the legislature to borrow, 
appropriate, or use the said fund or any part thereof, for any 
other purpose, under any pretence whatever. The legisla- 
ture shall provide for the maintenance and support of a 
thorough and efficient system of free public schools for the 
instruction of all the children in this state between the ages 
of five and eighteen years. 

7. No private or special law shall be passed authorizing 
the sale of any lands belonging in whole or in part to a 
minor or minors, or other persons who may at the time be 
under any legal disability to act for themselves. 

8. Individuals or private corporations shall not be au- 
thorized to take private property for public use, without 
just compensation first made to the owners. 

9. No private, special, or local bill shall be passed, unless 
public notice of the intention to apply therefor, and of the 
general object thereof, shall have been previously given. 
The legislature, at the next session after the adoption here- 
of, and from time to time thereafter, shall prescribe the time 
and mode of giving such notice, the evidence thereof, and 
how such evidence shall be preserved. 

10. The legislature may vest in the circuit courts, or 
courts of common pleas within the several counties of this 
state chancery powers, so far as relates to the foreclosure of 
mortgages, and sale of mortgaged premises. 

11. The legislature shall not pass private, local or special 
laws in any of the following enumerated cases, that is to 
say: 

Laying out, opening, altering and working roads or high- 
ways. 



14 CONSTITUTION OF THE 



Vacating any road, town plot, street, alley or public 
grounds. 

Regulating the internal affairs of towns and counties ; 
appointing local offices or commissions to regulate municipal 
affairs. 

Selecting, drawing, summoning or empaneling grand or 
petit jurors. 

Creating, increasing or decreasing the per centage or 
allowance of public officers during the term for which said 
officers were elected or appointed. 

Changing the law of descent. 

Granting to any corporation, association or individual 
any exclusive privilege, immunity or franchise whatever. 

Granting to any corporation, association or individual 
the right to lay down railroad tracks. 

Providing for changes of venue in civil or criminal 
cases. 

Providing for the management and support of free 
public schools. 

The legislature shall pass general laws providing for the 
cases enumerated in this paragraph, and for all other cases 
which, in its judgment, may be provided for by general 
laws. The legislature shall pass no special act conferring 
corporate powers, but they shall pass general laws under 
which corporations may be organized and corporate powers 
of every nature obtained, subject, nevertheless, to repeal or 
alteration at the will of the legislature. 

12. Property shall be assessed for taxes under general 
laws, and by uniform rules, according to its true value. 

Section VIII 

1. Members of the legislature, shall, before they enter on 
the duties of their respective offices, take and subscribe the 
following oath or affirmation : 

" I do solemnly swear, (or affirm, as the case may be,) that 



STATE OF NEW JERSEY. 15 



I will support the constitution of the United States and the 
constitution of the state of New Jersey, and that I will faith- 
fully discharge the duties of senator (or member of the gen- 
eral assembly, as the case may be) according to the best of 
my ability.''* 

And members elect of the senate or general assembly are 
hereby empowered to administer to each other the said oath 
or affirmation. 

2. Every officer of the legislature shall, before he enters 
upon his duties, take and subscribe the following oath or 
affirmation: "I do solemnly promise and swear (or affirm) 
that I will faithfully, impartially and justly perform all the 

duties of the office of , to the best of my ability and 

understanding; that I will carefully preserve all records, 
papers, writings or property entrusted to me for safe keep- 
ing by virtue of my office, and make such disposition of the 
same as may be required by law." 

ARTICLE V. 

EXECUTIVE. 

1. The executive power shall be vested in a governor. 

2. The governor shall be elected by the legal voters of 
this state. The person having the highest number of votes 
shall be the governor : but if two or more shall be equal 
and highest in votes, one of them shall be chosen governor 
by the vote of a majority of the members of both houses in 
joint meeting. Contested elections for the office of governor 
shall be determined in such manner as the legislature shall 
direct by law. When a governor is to be elected by the 
people, such election shall be held at the time when and 
at the places where the people shall respectively vote for 
members of the legislature. 

3. The governor shall hold his office for three years, to 
commence on the third Tuesday of January next ensuing 



16 CONSTITUTION OF THE 



the election for governor by the people, and to end on the 
Monday preceding the third Tuesday of January, three 
years thereafter: and he shall be incapable of holding that 
office for three years next after his term of service shall 
have expired : and no appointment or nomination to office 
shall be made by the governor during the last week of his 
said term. 

4. The governor shall be not less than thirty years of age, 
and shall have been for twenty years, at least, a citizen of 
the United States, and a resident of this state seven years 
next before his election, unless he shall have been absent 
during that time on the public business of the United States 
or of this state. 

5. The governor shall, at stated times, receive for his 
services a compensation which shall be neither increased 
nor diminished during the period for which he shall have 
been elected. 

6. He shall be the commander-in-chief of all the military 
and naval forces of the state ; he shall have power to con- 
vene the legislature, or the senate alone, whenever in his 
opinion public necessity requires it; he shall communicate 
by message to the legislature at the opening of each session, 
and at such other times as he may deem necessary, the con- 
dition of the state, and recommend such measures as he 
may deem expedient ; he shall take care that the laws be 
faithfully executed, and grant, under the great seal of the 
state, commissions to all such officers as shall be required 
to be commissioned. 

7. Every bill which shall have passed both houses shall 
be presented to the governor : if he approve he shall sign it, 
but if not he shall return it, with his objections, to the house 
in which it shall have originated, who shall enter the objec- 
tions at large on their journal, and proceed to reconsider it; 
if, after such reconsideration, a majority of the whole num- 
ber of that house shall agree to pass the bill, it shall be 
sent, together with the objections, to the other house, by 



STATE OF NEW JERSEY. 17 



which it shall likewise be reconsidered, and if approved of 
by a majority of the whole number of that house, it shall 
become a law ; but, in neither house shall the vote be taken 
on the same day on which the bill shall be returned to it: 
and in all such cases, the votes of both houses shall be 
determined by yeas and nays, and the names of the persons 
voting for and against the bill shall be entered on the jour- 
nal of each house respectively. If any bill shall not be 
returned by the governor, within five days (Sunday ex- 
cepted) after it shall have been presented to him, the same 
shall be a law in like manner as if he had signed it, unless 
the legislature by their adjournment, prevent its return in 
which case it shall not be a law. If any bill presented to 
the governor contain several items of appropriations of 
money, he may object to one or more of such items while 
approving of the other portions of the bill. In such case he 
shall append to the bill, at the time of signing it, a state- 
ment of the items to which he objects, and the appropria- 
tion so objected to shall not take effect. If the legislature 
be in session he shall transmit to the house in which the 
bill originated a copy of such statement, and the items 
objected to shall be separately reconsidered. If, on recon- 
sideration, one or more of such items be approved by a 
majority of the members elected to each house, the same 
shall be a part of the law, notwithstanding the objections of 
the governor. All the provisions of this section^in relation 
to bills not approved by the governor shall apply to cases 
in which he shall withhold his approval from any item or 
items contained in a bill appropriating money. 

8. No member of congress, or person holding an office 
under the United States, or this state, shall exercise the 
office of governor; and in case the governor, or person ad- 
ministering the government shall accept any office under 
the United States or this state, his office of governor shall 
thereupon be vacant. Nor shall he be elected by the legis- 
lature to any office under the government of this state or 

2 



18 CONSTITUTION OF THE 



of the United States, during the term for which he shall 
have been elected governor. 

9. The governor or person administering the govern- 
ment, shall have power to suspend the collection of fines 
and forfeitures, and to grant reprieves, to extend until the 
expiration of a time not exceeding ninety days after con- 
viction; but this power shall not extend to cases of im- 
peachment. 

10. The governor, or person administering the govern- 
ment, the chancellor, and the six judges of the court of 
errors and appeals, or a major part of them, of whom the 
governor, or person administering the government, shall be 
one, may remit fines and forfeitures, and grant pardons, 
after conviction, in all cases except impeachment. 

11. The governor and all other civil officers under this 
state shall be liable to impeachment for misdemeanor in 
office during their continuance in office and for two years 
thereafter. 

12. In case of the death, resignation, or removal from 
office of the governor, the powers, duties, and emoluments of 
the office, shall devolve upon the president of the senate, 
and in case of his death, resignation or removal, then upon 
the speaker of the house of assembly, for the time being 
until another governor shall be elected and qualified ; but 
in such case. another governor shall be chosen at the next 
election for members of the legislature, unless such death, re- 
signation, or removal, shall occur within thirty days immedi- 
ately preceeding such next election, in which case a governor 
shall be chosen at the second succeeding election for mem- 
bers of the legislature. When a vacancy happens, during 
the recess of the legislature in any office which is to be 
filled by the governor and senate, or by the legislature in 
joint meeting, the governor shall fill such vacancy and the 
commission shall expire at the end of the next session of 
the legislature, unless a successor shall be sooner appointed : 
when a vacancy happens in the office of clerk or surrogate 



STATE OF NEW JERSEY. 19 

of any county, the governor shall fill such vacancy, and the 
commission shall expire when a successor is elected and 
qualified. 

13. In case of the impeachment of the governor, his ab- 
sence from the state or inability to discharge the duties of 
his office, the powers, duties and immoluments of the office 
shall devolve upon the president of the senate ; and in case 
of his death, resignation or removal, then upon the speaker 
of the house of assembly for the time being, until the gov- 
ernor absent, or impeached shall return or be acquitted, or 
until the disqualification or inability shall cease, or until a 
new governor be elected and qualified. 

14. In case of a vacancy in the office of governor from 
any other cause than those herein enumerated, or in case of 
the death of the governor elect before he is qualified into 
office, the powers, duties and emoluments of the office shall 
devolve upon the president of the senate, or speaker of the 
house of assembly, as above provided for, until a new gov- 
ernor be elected and qualified. 

ARTICLE VI. 

JUDICIARY. 

Section L 

1. The judicial power shall be vested in a court of errors 
and appeals in the last resort in all causes as heretofore ; a 
court for the trial of impeachments ; a court of chancery ; a 
prerogative court; a supreme court; circuit courts, and such 
inferior courts as now exist, and as may be hereafter 
ordained and established by law; which inferior courts the 
legislature may alter or abolish, as the public good shall 
require. 

Section II 

1. The court of errors and appeals shall consist of the 



20 CONSTITUTION OF THE 



chancellor, the justices of the supreme court, and six judges, 
or a major part of them ; which judges are to be appointed 
for six years. 

2. Immediately after the court shall first assemble, the 
six judges shall arrange themselves in such manner that 
the seat of one of them shall be vacatep! every year, in order 
that thereafter one judge may be annually appointed. 

3. Such of the six judges as shall attend the court shall 
receive, respectively, a per diem compensation, to be pro- 
vided by law. 

4. The secretary of state shall be the clerk of this court. 

5. When an appeal from an order or decree shall be 
heard the chancellor shall inform the court, in writing, of 
the reasons for his order or decree; but he shall not sit as a 
member, or have a voice in the hearing or final sentence. 

6. When a writ of error shall be brought, no justice who 
has given a judicial opinion in the cause in favor of or 
against any error complained of, shall sit as a member, or 
have a voice on the hearing, or for its affirmance or 
reversal ; but the reasons for such opinion shall be assigned 
to the court in writing. 

Section III. 

1. The house of assembly shall have the sole power of 
impeaching by a vote of a majority of all the members ; 
and all impeachments shall be tried by the senate: the 
members, when sitting for that purpose, to be on oath or 
affirmation "truly and impartially to try and determine the 
charge in question according to evidence:" and no person 
shall be convicted without the concurrence of two-thirds of 
all the members of the senate. 

2. Any judicial officer impeached shall be suspended 
from exercising his office until his acquittal. 

3. Judgment in cases of impeachment shall not extend 
farther than to removal from office, and to disqualification 



STATE OF NEW JERSEY. 21 



to hold and enjoy any office of honor, profit or trust under 
this state : but the party convicted shall nevertheless be 
liable to indictment, trial and punishment according to 
law. 

4. The secretary of state shall be the clerk of this court. 

Section IV. 

1. The court of chancery shall consist of a chancellor. 

2. The chancellor shall be the ordinary or surrogate gen- 
eral, and judge of the prerogative court. 

3. All persons aggrieved by any order, sentence, or decree 
of the orphans court, may appeal from the same, or from 
any part thereof to the prerogative court ; but such order, 
sentence, or decree shall not be removed into the supreme 
court, or circuit court if the subject matter thereof be within 
the jurisdiction of the orphans court. 

4. The secretary of state shall be the register of the pre- 
rogative court, and shall perform the duties required of him 
by law in that respect. 

Section V. 

1. The supreme court shall consist of a chief justice and 
four associate justices. The number of associate justices 
may be increased or decreased by law, but shall never be 
less than two. 

2. The circuit courts shall be held in every county of this 
state, by one or more of the justices of the supreme court, or 
a judge appointed for that purpose; and shall in all cases 
within the county, except in those of a criminal nature, 
have common law jurisdiction, concurrent with the supreme 
court; and any final judgment of a circuit court may be 
docketed in the supreme court and shall operate as a judg- 
ment obtained in the supreme court from the time of such 
docketing. 



22 CONSTITUTION OF THE 



3. Final judgments in any circuit court may be brought 
by writ of error into the supreme court, or directly into the 
court of errors and appeals. 

Section VI. 

1. There shall be no more than five judges of the inferior 
court of common pleas in each of the counties in this state 
after the terms of the judges of said court now in office shall 
terminate. One judge for each county shall be appointed 
every year, and no more, except to fill vacancies which shall 
be for the unexpired term only. 

2. The commissions for the first appointments of judges 
of said court shall bear date and take effect on the first da}^ 
of April next ; and all subsequent commissions for judges of 
said court shall bear date and take effect on the first day of 
April in every successive year, except commissions to fill 
vacancies which shall bear date and take effect when issued 

Section VII. 

1. There may be elected under this constitution, two, and 
not more than five, justices of the peace in each of the town- 
ships of the several counties of this state, and in each of the 
wards, in cities that may vote in wards. When a township 
or ward contains two thousand inhabitants or less, it may 
have two justices : when it contains more than two thousand 
inhabitants, and not more than four thousand, it may have 
four justices : and when it contains more than four thous- 
and inhabitants, it may have five justices: provided, that 
whenever any township not voting in wards contains more 
than seven thousand inhabitants, such township may have 
an additional justice for each additional three thousand 
inhabitants above four thousand. 

2. The population of the townships in the several coun- 
ties of the state and of the several wards shall be ascertained 
by the last preceeding census of the United States, until the 



STATE OF NEW JERSEY. 23 

legislature shall provide, by law, some other mode of ascer- 
taining it. 

ARTICLE VII. 

APPOINTING POWER AND TENURE OF OFFICE. 

Section I. 

MILITIA OFFICERS. 

1. The legislature shall provide by law for enrolling, 
organizing and arming the militia. 

2. Captains, subalterns, and non-commissioned officers, 
shall be elected by the members of their respective com- 
panies. 

3. Field officers of regiments, independent battalions, and 
squadrons, shall be elected by the commissioned officers of 
their respective regiments, battalions or squadrons. 

4. Brigadier generals, shall be elected by the field officers 
of their respective brigades. 

5. Major generals, the adjutant general and quarter- 
master general shall be nominated by the governor, and 
appointed by him, with the advice and consent of the senate. 

6. The legislature shall provide, by law, the time and 
manner of electing militia officers, and of certifying their 
elections to the governor, who shall grant their commissions, 
and determine their rank, when not determined by law ; 
and no commissioned officer shall be removed from office, 
but by the sentence of a court martial, pursuant to law. 

7. In case the electors of subalterns, captains, or field 
officers, shall refuse or neglect to make such elections, the 
governor shall have power, to appoint such officers, and to 
fill all vacancies caused by such refusal or neglect. 

8. Brigade inspectors shall be chosen by the field officers 
of their respective brigades. 

9. The governor shall appoint all militia officers, whose 



24 CONSTITUTION OF THE 



appointment is not otherwise provided for in this consti- 
tution. 

10. Major generals, brigadier generals and commanding 
officers of regiments, independent battalions, and squad- 
rons, shall appoint the staff officers of their divisions, bri- 
gades, regiments, independent battalions, and squadrons 
respectively. 

Section II. 

CIVIL OFFICERS. 

1. Justices of the supreme court, chancellor, judges of the 
court of errors and appeals, and judges of the inferior court 
of common pleas, shall be nominated by the governor, and 
appointed by him, with the advice and consent of the 
senate. 

The justices of the supreme court and chancellor, shall 
hold their offices for the term of seven years : shall at stated 
times receive for their services a compensation which shall 
not be diminished during the term of their appointments; 
and they shall hold no other office under the government of 
this state or of the United States. 

2. Judges of the courts of common pleas shall be appointed 
by the senate and general assembly, in joint meeting. 

They shall hold their offices for five years; but when 
appointed to fill vacancies they shall hold for the unex- 
pired term only. 

2. The state treasurer and comptroller shall be ap- 
pointed by the senate and general assembly in joint 
meeting. 

They shall hold their offices for three years, and until 
their successors shall be qualified into office. 

3. The attorney general, prosecutors of the pleas, clerk of 
the supreme court, clerk of the court of chancery, secretary 
of state, and the keeper of the state prison, shall be nomi- 



STATE OF NEW JERSEY. 25 



nated by the governor and appointed by him with the 
advice and consent of the senate. 

They shall hold their offices for five years. 

4. The law reporter shall be appointed by the justices of 
the supreme court or a majority of them ; and the chancery 
reporter shall be appointed by the chancellor. 

They shall hold their offices for five years. 

5. Clerks and surrogates of counties shall be elected by 
the people of their respective counties, at the annual elec- 
tions for members of the general assembly. 

They shall hold their offices for five years. 

6. Sheriffs and coroners shall be elected by the people of 
their respective counties at the elections for members of the 
general assembly, and they shall hold their offices for three 
years, after which, three years must elapse, before they can 
be again capable of serving. Sheriffs shall annually renew 
their bonds. 

7. Justices of the peace shall be elected by ballot at the 
annual meetings of the townships in the several counties of 
the state, and of the wards in cities that may vote in wards, 
in such manner and under such regulations as may be here- 
after provided by law. 

They shall be commissioned for the county, and their 
commissions, shall bear date and take effect on the first day 
of May next after their election. 

They shall hold their offices for five years; but when 
elected to fill vacancies, they shall hold for the unexpired 
term only ; provided, that the commission of any justice of 
the peace shall become vacant upon his ceasing to reside 
in the township in which he was elected. 

The first election for justices of the peace, shall take place 
at the next annual town-meetings of the townships in the 
several counties of the state, and of the wards in cities, that 
may vote in wards. 

8. All other officers, whose appointments are not other- 
wise provided for by law, shall be nominated by the 



26 CONSTITUTION OF THE 



governor and appointed by him with the advice and con- 
sent of the senate ; and shall hold their offices for the time 
prescribed by law. 

9. All civil officers elected or appointed, pursuant to the 
provisions of this constitution shall be commissioned by the 
governor. 

10. The term of office of all officers elected or appointed 
pursuant to the provisions of this constitution, except when 
herein otherwise directed, shall commence on the day of the 
date of their respective commissions ; but no commission for 
any office shall bear date prior to the expiration of the 
term of the incumbent of said office. 

ARTICLE VIII. 

GENERAL PROVISIONS. 

1. The secretar} 7 of state shall be ex-officio an auditor of 
the accounts of the treasurer, and as such, it shall be his 
duty to assist the legislature in the annual examination and 
settlement of said accounts, until otherwise provided by 
law. 

2. The seal of the state shall be kept by the governor or 
person administering the government, and used by him 
officially, and shall be called the great seal of the State of 
New Jersey. 

3. All grants and commissions shall be in the name and 
by the authority of the State of New Jersey, sealed with the 
great seal, signed by the governor or person administering 
the government, and countersigned by the secretary of 
state, and it shall run thus : " The State of New Jersey, to 

, greeting." All writs shall be in the name of the 

state ; and all indictments shall conclude in the following 
manner, viz.: ''against the peace of this state the govern- 
ment and dignity of the same." 

4. This constitution shall take effect and go into operation 



STATE OF NEW JERSEY. 27 



on the second day of September in the year of our Lord 
one thousand eight hundred and forty-four. 

ARTICLE IX. 

AMENDMENTS. 

Any specific amendment or amendments, to the constitu- 
tion may be proposed in the senate or general assembly, and 
if the same shall be agreed to by a majority of the mem- 
bers elected to each of the two houses, such proposed amend- 
ment or amendments shall be entered on their journals, 
with the yeas and nays taken thereon, and referred to the 
legislature then next to be chosen, and shall be published 
for three months previous to making such choice, in at least 
one newspaper of each county, if any be published therein ; 
and if in the legislature, next chosen, as aforesaid, such pro- 
posed amendment or amendments, or any of them, shall be 
agreed to by a majority of all the members elected to each 
house, then it shall be the duty of the legislature to submit 
such proposed amendment or amendments, or such of them 
as may have been agreed to as aforesaid by the two legisla- 
tures, to the people, in such manner and at such time, at 
least four months after the adjournment of the legislature, 
as the legislature shall prescribe ; and if the people at a 
special election to be held for that purpose only, shall ap- 
prove and ratify such amendment or amendments, or any 
of them by a majority of the electors qualified to vote for 
members of the legislature voting thereon, such' amend- 
ment or amendments so approved and ratified shall become 
part of the constitution : provided that if more than one 
amendment be submitted, they shall be submitted in such 
manner and form that the people may vote for, or against 
each amendment separately and distinctly ; but no amend- 
ment or amendments shall be submitted to the people by 
the legislature oftener than once in five years. 



28 CONSTITUTION OF THE 



ARTICLE X. 

SCHEDULE. 

That no inconvenienc may arise from the change in the 
constitution of this state, and in order to carry the same 
into complete operation, it is hereby declared and ordained, 
that — 

1. The common law and statute laws now in force not 
repugnant to this constitution, shall remain in force until 
they expire by their own limitation, or be altered or re- 
pealed by the legislature ; and all writs, actions, causes of 
action, prosecutions, contracts, claims and rights of indi- 
viduals and of bodies corporate, and of the state, and all 
charters of incorporation, shall continue, and all indict- 
ments, which shall have been found, or which may here- 
after be found, for any crime or offence committed before the 
adoption of this constitution, may be proceeded upon as if 
no change had taken place. The several courts of law and 
equity, except as herein otherwise provided, shall continue 
with the like powers and jurisdiction as if this constitution 
had not been adopted. 

2. All officers now filling any office or appointment, shall 
continue in the exercise of the duties thereof, according to 
their respective commissions or appointments, unless, by this 
constitution it is otherwise directed. 

3. The present governor, chancellor and ordinary or sur- 
rogate general, and treasurer shall continue in office until 
successors elected or appointed under this constitution shall 
be sworn or affirmed into office. 

4. In case of the death, resignation, or disability of the 
present governor, the person who may be vice president of 
council at the time of the adoption of this constitution shall 
continue in office and administer the government until a 
governor shall have been elected and sworn or affirmed into 
office under this constitution. 



STATE OF NEW JERSEY. 29 



5. The present governor, or in case of his death or inability 
to act, the vice president of council, together, with the pre- 
sent members of the legislative council and secretary of 
state shall constitute a board of state canvassers, in the 
manner now provided by law, for the purpose of ascertain- 
ing and declaring the result of the next ensuing election for 
governor, members of the house of representatives, and 
electors of president and vice president. 

6. The returns of the votes for governor, at the said next 
ensuing election shall be transmitted to the secretary of 
state, the votes counted, and the election declared, in the 
manner now provided by law in the case of the election of 
electors of president and vice president. 

7. The election of clerks and surrogates, in those counties 
where the term of office of the present incumbent shall ex- 
pire previous to the general election of eighteen hundred 
and fortj^-five, shall be held at the general election next 
ensuing the adoption of this constitution; the result of which 
election shall be ascertained in the manner now provided by 
law for the election of sheriffs. 

8. The elections for the year eighteen hundred and forty- 
four shall take place as now provided by law. 

9. It shall be the duty of the governor to fill all vacancies 
in office happening between the adoption of this constitution 
and the first session of the senate, and not otherwise pro- 
vided for and the commissions shall expire at the end of the 
first session of the senate or when successors shall be elected 
or appointed and qualified. 

10. The restriction of the pay of members of the legisla- 
ture, after forty days from the commencement of the session, 
shall not be applied to the first legislature convened under 
this constitution. 

11. Clerks of counties shall be clerks of the inferior courts 
of common pleas and quarter sessions of the several coun- 
ties, and perform the duties, and be subject to the regulations 



30 CONSTITUTION. 



now required of them by law until otherwise ordained by 
the legislature. 

12. The legislature shall pass all laws necessary to carry 
into effect the provisions of this constitution. 



State of New Jersey: 

I, Henry C. Kelsey, Secretary of State of the State of 
New Jersey, do hereby certify the foregoing to be a true 
copy of the Constitution of the State of New Jersey as 
amended, as the same is taken from and compared with the 
original Constitution and Amendments thereto, now re- 
maining on file in my office. 

In testimony whereof I have hereunto set my 
[l. s.] hand and affixed my official seal, this ninth day 
of October, A. D. eighteen hundred and seventy- 
five. 

HENRY C. KELSEY. 



INDEX 



I1TDEX. 



A. 

Absent electors, in military service in time of war, not to be deprived 

of right to vote, Article II., paragraph 1, page 6. 
Accused persons, rights of — Article I., paragraphs 8, 9, and 10, pages 

4 and 5. 
Acquittal, to prevent trial for same offense — Article I., paragraph JO, 

page 5. 
Acts, Legislative, containing appropriations, how vetoed — Article V., 
paragraph 7, page 16. 
enacting clause of — Article IV., section 7, paragraph 

5, page 12. 
general, not to contain special provisions — Article 
IV., section 7, paragraph 4, page 12. 
shall be passed, under which corporate 
powers may be obtained, Article IV., 
section 7, paragraph 11, page 13. 
how acted on when vetoed by the Governor — Article 

V., paragraph 7, page 16. 
not to be revived or amended by reference to title 
only — Article IV., section 7, paragraph 4, page 12. 
object of, to be expressed in title — Article IV., sec- 
tion 7, paragraph 4, page 12. 
special, not to be passed in certain cases — Article 

IV., section 7, paragraph 11, page 13. 
to embrace but one object — Article IV., section 7, 
paragraph 4, page 12. 
Adjournment of either House of the Legislature, how effected — Article 

IV., section 4, paragraphs 2 and f , page 9. 
Adjutant General, how appointed — Article VII., section 1, paragraph 

3, page 23. 
Allowance of public officers, not to be changed by laws passed during 

term of — Article IV., section 7, paragraph 11, page 13. 
Almighty God, acknowledgment of and dependence on, page 3. 
Amendments to the Constitution, modes of proposing and submitting to 
the people — Article 9, page 27, 

3 



34 INDEX. 



Appeals from Orphans' Court, to what court made — Article VI., sec- 
tion 4, paragraph 3, page 21. 

Appointing Power and Tenure of Office — Article VII., page 23. 

Appointment of Attorney General, Prosecutors of the Pleas, Clerks of 
the Supreme Court and Court of Chancery, Secre- 
tary of State and Keeper of the State Prison — Ar- 
ticle VII., section 2, paragraph 3, page 24. 
Justices of the Supreme Court, Chancellor, Judges of 
the Court of Errors and Courts of Common Pleas — 
Article VII., section 2, paragraph 1, page 24. 
Law and Chancery Reporters — Article VII., section 2, 

paragraph 4, page 24. 
Militia Officers — Article VII., section 1, page 23. 
State Treasurer and Comptroller — Article VII., sec- 
tion 2, paragraph 2, page 24. 
Appointments, by whom made when not provided for by law — Article 
VII., section 2, paragraph 8, page 25. 
shall not be made by Governor during last week ef 
term — Article V., paragraph 3, page 15, 
Apportionment of members of General Assembly, how and when made 

— Article IV., section 3, paragraph 1, page 8. 
Appropriations of public money, when forbidden — Article I., para- 
graphs 19 and 20, page 6. 
Governor may veto separate items of bills making — 

Article V., paragraph 7, page 16. 
money not to be drawn from the treasury without — 
Article IV., section 6, paragraph 2, page 11. 
Arming of militia, Legislature to provide for — Article VII., section 1, 

paragraph 1, page 23 
Arrest, members of Legislature privileged from during sessions — Ar- 
ticle IV., section 4, paragraph 8, page 10. 
Assemble, right of the people to — Article L, paragraph 18, page 6. 
Assembly, House of — (see General Assembly). 
Assessments for taxes shall be made under general laws— Article IV., 

section 7, paragraph 12, page J 4. 
Attainder, bills of, shall not be passed — Article IV., section 7, para- 
graph 3, page 12. 
Attendance of members of Legislature, how compelled — Article IV. , 

section 4, paragraph 2, page 9. 
Attorney General, appointment and term of office — Article VIL, sec- 
tion 2, paragraph 3, page 24. 



INDEX. 3 



oo 



B 

Bail, when to be allowed — Article I., paragraph 10, page 5. 

excessive, forbidden — Article I., paragraph 15, page 5. 
Bills and Joint Resolutions, how passed by Legislature — Article IV., 
section 4, paragraph 6, page 9. 
for raising revenue must originate in House of Assembly — Ar- 
ticle IV., section 6, paragraph 1, page 11. 
Bribery, persons convicted of, may be deprived of right of suffrage — 

Article II., paragraph 2, page 7. 
Brigadier Generals, how appointed — Article VII., section 1, paragraph 
4, page 23. 

o 

Capital offenses, when not bailable — Article I., paragraph 10, page 5. 

Chancellor, appointment, term of office and compensation of — Article 

VII., section 2, paragraph 1, page 24. 

to appoint Chancery Reporter — Article VII., section 2, 

paragraph 4, page 25. 

to be Surrogate General and Judge of the Prerogative 

Court — Article VI., section 4, paragraph 2, page 21. 

to constitute Court of Chancery — Article VI., section 4, 

paragraph 1, page 21. 

when not to sit as member of Court of Errors and Appeals 

— Article VI., section 2, paragraph 5, page 20. 

Chancery, appointment of Clerk of Court of — Article VII., section 2, 

paragraph 3, page 24. 

Court of — see Court of Chancery. 

powers, when vested in Common Pleas and Circuit Courts — 

Article IV., section 7, paragraph 10, page 13. 

reporter, appointment and term of office of — Article VII., 

section 2, paragraph 4, page 25. 

Changes of venue, not to be provided for by special act — Article IV., 

section 7, paragraph 11, page 13. 

Chief Justice — see Supreme Court. 

Circuit Courts, how final judgment of taken to Court of Errors and 

Appeals — Article VI., section 5, paragraph 3, page 
22. 

jurisdiction of ---Article VI., section 5, paragraph 2, 
page 21. 

when and how to be held — Article VI., section 5, para- 
graph 2, page 21. 



36 INDEX. 



where final judgment may be docketed — Article VI, 

section 5, paragraphs 2 and 3, pages 21 and 22. 
when to be invested with chancery powers — Article 
IV., section 7, paragraph 10, page 13. 
Civil officers, appointment of — Article VII., section 2, page 24. 

liable to impeachment for two years after expiration of 

term — Article V., paragraph 11, page 18. 
to be commissioned by the Governor — Article VII., sec- 
tion 2, paragraph 9, page 26. 
when terms of office to commence — Article VII., section 

2, paragraph 10, page 26. 

power, subordination of the military to — Article I., paragraph 12, 
page 5. 
Clerk of Court of Chancery, appointment and term of office of — Article 
VII., section 2, paragraph 3, page 24. 
Supreme Court, appointment and term of office of — Article 
VII., section 2, paragraph 3, page 24. 
Clerks of Counties, election and terms of office of — Article VII., section 
2, paragraph 5, page 25. 
how vacancies in office to be filled — Article V., para- 
graph 12, page 1 8. 
Commissions of Common Pleas Judges — Article VI,, section 6, para- 
graphs 1 and 2, page 22. 
stipulations concerning form of — Article VIII., paragraph 

3, page 26. 

to be issued by the Governor — Article V., paragraph 6, 
page 16. 
Common Pleas Court — see Court of Common Pleas. 

Judges, number and appointment of — Article VI., sec- 
tion 6, paragraphs 1 and 2, page 22. 
how appointed — Article VII., section 2, para- 
graphs 1 and 2, page 24. 
Compensation of Governor shall not be changed during term — Article 
V., paragraph 5, page 16. 
members of Legislature — Article IV., section 4, 
paragraph 7, page 10. 
Comptroller, appointment and term of office— Article VII., section 2, 

paragraph 2, page 24. 
Congress, member of, not to exercise office of Governor — Article V., 

paragraph 8, page 17. 
Constitution, of State, when to take effect — Article VIII., paragraph 4, 

page 26. 
how amended — Article IX., page 27. 



INDEX. 37 



Contested elections, for Governor, how decided — Article V., paragraph 

2, page 15. 
Contracts, laws shall not be passed impairing obligation of — Article IV., 

section 7, paragraph 3, page 12. 
Convicted persons, not electors unless pardoned — Article II., paragraph 

1, page 6. 
Coroners, election and term of office of — Article VII., section 2, para- 
graph 6, page 25. 
Corporate powers conferred by general acts, subject to alteration and 
repeal — Article IV., section 7, paragraph 11, 
page 13. 
general laws shall be passed conferring — Article 

IV., section 7, paragraph 11, page 13. 
shall not be conferred by special acts — Article IV., 
section 7, paragraph 11, page 13. 
Corporations, municipal, shall not loan or give money or credit — Article 
I., paragraphs 19 and 20, page 6. 
private, not to be authorized to condemn private property 
without compensation — Article IV., section 7, para- 
graph 8, page 13. 
Counties, special acts not to be passed regulating affairs of — Article 

IV., section 7, paragraph 11, page 13. 
County Clerks, election and term of office of — Article VII., section 2, 

paragraph 5, page 25. 
Court of Chancery, how composed — Article VI., section 4, paragraph 
1, page 21. 
Common Pleas, may be invested with chancery powers in 
certain cases — Article IV., section 7, 
paragraph 10, page 13. 
mode of appointing Judges of — Article VII., 

section 2, paragraphs 1 and 2, page 24. 
number and appointment of Judges of — 
Article VI., section 6, paragraphs 1 and 
2, page 22. 
Errors and Appeals — (see Errors and Appeals.) 
Prerogative — (see Prerogative Court.) 
Supreme — (see Supreme Court.) 
of Impeachment — (see Impeachment.) 
Courts, inferior, may be created or abolished — Article VI,, section .1, 

paragraph 1, page 19. 
Creation of debt, when and in what manner permitted — Article IT., 
section 6, paragraph 4, page 11. 



38 INDEX. 



Credit, of the State, not to be loaned — Article IV., section 6, paragraph 
3, page 11. 
or money, of municipal corporations not to be given or loaned — 
Article I., paragraphs 19 and 20, page 6. 
Criminal offences, trial after acquittal forbidden — Article I., paragraph 
10, page 5. 
when bailable — Article I., paragraph 10, page 5. 
prosecutions, rights of persons accused — Article I., paragraphs 
8, 9 and 10, pages 4 and 5. 
how instituted — Article I., paragraph 9, page 5. 
Cruel and unusual punishments forbidden —Article I., paragraph 15, 
page 5. 

D 

Debt, imprisonment for — Article I., paragraph 17, page 5. 

Debts, when and how Legislature may create — Article IV, section 6, 

paragraph 4, page 11. 
Departments of Government — Article III., paragraph 1, page 7. 
Descent, law of, not to be changed by special act — Article IV., section 

7, paragraph 11, page 13. 
Distribution of Powers of Government — Article III., page 7. 
Divorce, not to be granted by Legislature — Article IV., section 7, 

paragraph 1, page 12. 
Donations of land by State or municipal corporations forbidden — 

Article I., paragraph 20, page 6. 

E 

Education — (see Public Schools). 

Election by the people, when required to sanction laws creating debt — 
Article IV., section 6, paragraph 4, page 11. 
of County Clerk and Surrogates — Article VII., section 2, 
paragraph 5, page 25. 
Governor, how effected — Article V., paragraph 2, page 15. 
in case of tie, joint meeting to determine — Article 
V., paragraph 2, page 15. 
Justices of the Peace — Article VIL, section 2, paragraph 

7, page 25. 
Militia Officers — Article VIL, section 1, page 23. 
Sheriffs and Coroners — Article VIL, section 2, paragraph 
6, page 25. 



INDEX. 39 



Elections for members of Senate and General Assembly, when to be 
held — Article IV., section 1, paragraph 3, page 8. 
of members of Senate and General Assembly, each House 

the judge of — Article IV., section 4, paragraph 2, page 9. 
to fill vacancies in Legislature, how ordered — Article IV , 
section 4, paragraph 1, page 9. 
Electors, in military service in time of war, not to be deprivod of right 
to vote — Article II., paragraph I, page 6. 
qualifications of — Article II., paragraph 1, page 6. 
Enacting clause of laws prescribed — Article IV., section 7, paragraph 

5, page 12. 
Errors and Appeals, Court of, appointment of judges of — Article VII., 

section 11, paragraph 1, page 24. 
arrangement of terms of judges — Article 

VI., section 2, paragraph 2, page 20. 
compensation of judges of — Article VI., 

section 2, paragraph 3, page 20. 
final judgment of Circuit Court may be 
brought to — Article VI., section £, 
paragraph 3, page 22. 
how constituted — Article VI., section 2, 

paragraph 1, page ly. 
Secretary of State to be Clerk of — Ar- 
ticle VI., section 2, paragraph 4, 
page 20. 
term of office of judges — Article VI. » 

section 2, paragraph 1, page 19. 
when Chancellor not to sit as member of 
— Article VI., section 2, paragraph 5, 
page 20. 
when Justices of Supreme Court not to 
sit as members of — Article VI., sec- 
tion 2, paragraph 6, page 20. 
Excessive bail forbidden — Article I., paragraph 15, page 5. 
Exclusive privileges not to be granted — Article IV., section 7, para- 
graph 11, page 13. 

Executive — Article V., page 15. 

power vested in Governor — Article V., paragraph 1, page 

15. 
(See Governor). 



40 INDEX. 



Existing laws not to be made part of new acts, unless inserted at length 
Article IV. , section 7, paragraph 4, page 12. 

Ex-post facto laws not to be passed — Article IV., section 7, paragraph 
3, page 12. 

Expulsion of members of Legislature, how effected — Article IV., sec- 
tion 4, paragraph 3, page 9. 

Extra sessions of Legislature or of Senate may be convened by Gov- 
ernor- — Article V., paragraph 6, page 16. 

F 

Fines and forfeitures may be suspended or remitted by Governor — Ar- 
ticle V., paragraphs 9 and 10, page 18. 
excessive, forbidden — Article I., paragraph 15, page 5. 
militia, imprisonment for — Article I., paragraph 17, page 5. 
Franchises, exclusive, not to be granted — Article IV. , section 7, para- 
graph 11, page 13. 
Free Schools — (see Public Schools). 

G 

General Assembly, adjournments of, how effected — Article IV., section 

4, paragraphs 2 and 5, page 9. 
and Senate, Legislative power vested in — Article 

IV., section 1, paragraph 1, page 7. 
compensation of members of — Article IV., section 

4, paragraph 7, page 10. 
compensation of speaker of — Article IV., section 

4, paragraph 7, page 10. 
how and when members shall be apportioned among 
the several counties — Article IV., section 3, 
paragraph 1, page 8. 
how composed — Article IV., section 3, paragraph 1, 

page 8, 
members of, election to what offices shall vacate 
seat of — Article IV., section 5, para- 
graph 2, page 10. 
privileged from arrest during session 
— Article IV., section 4, paragraph 
8, page 10. 
to what offices shall not be appointed 
— Article IV., section 5, paragraph 
1, page 10. 



INDEX. 41 



General Assembly, number of members restricted to sixty — Article IV. , 

section 3, paragraph I, page 8. 
persons not electors ineligible to seat in — Article 

IV., section 1, paragraph 2, page 7. 
powers of — Article IV., section 4, paragraphs 1, 2, 

3, 4 and 5, page 9. 

qualifications of members of — Article IV., section 1, 
paragraph 2, page 7. 

to choose its own officers and make its own rules — 
Article IV., section 4, paragraph 3, page 9. 

to have sole power of impeaching — Article VI., 
section 3, paragraph 1, page 20. 

to judge of the election of its own members — Arti- 
cle IV., section 4, paragraph 2, page 9. 

to keep journal of proceedings — Article IV., section 

4, paragraph 4, page 9. 

to originate bills for raising revenue — Article IV., 
section 6, paragraph 1, page 11. 

what offices shall be vacated by election of incum- 
bent to — Article IV., section 5, paragraph 3, 
page 10. 

when members of to be elected — Article IV. , section 
1 , paragraph 3, page 7. 

when Speaker of, to act as Governor — Article V., 
paragraphs 12, 13 and 14, pages 18 and 19. 

who not entitled to seats in — Article IV., section 

5, paragraph 3, page 10. 

Laws, not to embrace special, private or local provisions — 

Article IV., section 7, paragraph 4, page 12. 
property to be assessed for taxes under — Article IV., 

section 7, paragraph 12, page 14. 
shall be passed, under which corporate powers may be 

obtained — Article IV ., section 7, paragraph 11, page 

13. 
shall be passed providing for cases in which special acts 

are forbidden — Article IV., section 7, paragraph 11, 

page 13. 

General Provisions — Article VIII., page 26. 

God, acknowledgment of, and dependence upon — Page 3. 

Government, Distribution of Powers of — Article III., page 7. 



42 INDEX. 



Government, for what instituted — Article I., paragraph 2, page 3. 

may be changed by the people — Article I., paragraph 2, 
page 3. 
Governor, compensation of — Article V., paragraph 5, page 16. 

executive power vested in — Article V., paragraph 1, page 15. 
how and when elected — Article V., paragraph 2, page 15. 
no appointment to be made by, during last week of term — 

Article V., paragraph 3, page 15. 
qualifications for office of — Article V., paragraph 4, page 16. 
term of office — Article V., paragraph 3, page 15. 
to be Commander-in-Chief; may convene special sessions of 
Legislature or Senate ; shall inform Legislature of condi- 
tion of State, and make recommendations to them ; shall 
execute the laws, and issue commissions — Article V., 
paragraph 6, page 16. 
duties and powers of, respecting bills passed by Legislature 

— Article V., paragraph 7, page 16. 
who shall not hold office of; acceptance of what offices shall 
vacate office of; to what offices he shall not be elected — 
Article V., paragraph 8, page 17. 
in certain cases, may suspend collection of fines and grant 
reprieves — Article V., paragraph 9, 
page 18. 
with other officers, may remit fines and 
grant pardons — Article V., paragraph 
10, page 18. 
shall be liable to impeachment for two years after expiration 

of term — Article V., paragraph 11, page 18. 
in case of death, resignation or removal from office, who to 
act as ; power of to fill vacancies in offices — 
Article V., paragraph 12, page 18. 
impeachment, absence from State, or inability, 
who to act as — Article V., paragraph 13, page 
19. 
vacancy from other causes, who to serve as — 
Article V., paragraph 14, page 19. 
to grant commissions to militia officers — Article VII., sec- 
tion 1, paragraph 6, page 23. 
appoint all officers whose appointment is not otherwise 
provided for — Article VII., section 2, para- 
graph 8, page 25. 



INDEX. 43 



Governor to appoint Attorney General, Prosecutors of the Pleas, 

Clerks of the Supreme Court and Court of 
Chancery, Secretary of State and Keeper of 
the State Prison — Article VII., section 2, 
paragraph 3, page 24. 
Justices of Supreme Court, Chancellor and 
Judges of the Court of Errors and Courts of 
Common Pleas — Article VII., section 2, para- 
graph 1, page 24. 
Major Generals, Adjutant and Quartermaster 
Generals — Article VII., section I, paragraph 
5, page 23. 
commission all civil officers — Article VII., section 2, 

paragraph 9, page 26. 
have official custody of the Great Seal — Article VIII., 
paragraph 2, page 26. 
Grants and commissions, stipulations concerning form of — Article 

VIII., paragraph 3, page 26. 
Great Seal, commissions issued by Governor to bear — Article V., para- 
graph 6, page 16. 
official custody, and title of — Article VIII., paragraph 2, 
page 26. 
Grievances, right to petition for redress of — Article I., paragraph 18, 
page 6. 

Habeas Corpus, when privilege of may be suspended — Article I., para- 
graph 11, page 5. 
Highways, cases in which special acts respecting shall not be passed — 
Article IV., section 7, paragraph 11, page 13. 
how land may be taken for — Article I., paragraph 16, 
page 5. 
House of Assembly — (see General Assembly). 



Idiots and insane persons not electors — Article II., paragraph 1, page 6. 
Impeachment, by whom presented and tried — Article VI., section 3, 

paragraph 1 , page 20. 
effect of judgment in cases of — Article VI., section 3, 

paragraph 3, page 20. 



44 INDEX. 



Impeachment, G-overnor and other civil officers liable to, for two years 
after expiration of term — Article V., paragraph 11, 
page 18. 
judicial officers to be suspended during trial of — -Article 

VI., section 3, paragraph 2, page 20. 
pardons not to be granted in cases of — Article V., para- 
graphs 9 and 10, page 18. 
Secretary of State to be Clerk of Court of — Article VI., 
section 3, paragraph 4, page 21. 
Imprisonment for debt not allowed, except in certain cases — Article I., 

paragraph 17, page 5. 
Indictments and writs, stipulations concerning form of — Article VIII. , 

paragraph 3, page 26. 
Inferior courts may be created or abolished by law — Article VI., sec- 
tion 1, paragraph 1, page 19. 
Instruction, public — (see Public Schools). 



Joint meeting, in case of tie, Governor to be elected in — Article V., 
paragraph 2, page 15. 
Judges of Courts of Common Pleas to be appointed in 

— Article VII., section 2, paragraph 2, page 24. 
Treasurer and Comptroller to be appointed in — Article 
VII., section 2, paragraph 2, page 24. 
Joint resolutions and bills, how passed by Legislature — Article IV., 

section 4, paragraph 6, page 9. 
Journals of the Legislature, by whom kept and published — Article IV,, 

section 4, paragraph 4, pags 9. 
yeas and nays, on passage of bills, to be 
entered in — Article IV., section 4, para- 
graph 6, page 9. 
Judges of Court of Common Pleas, how appointed and term of office — 

Article VII., section 2, para- 
graphs 1 and 2, page 24. 
number and appointment of — Arti- 
cle VI., section 6, paragraphs! 
and 2, page 22. 
Errors and Appeals, appointment of — Article VII., 

section 2, paragraph 1, page 
24. 



INDEX. 45 



Judges of Court of Errors and Appeals, compensation of — Article VI., 

section 2, paragraph 1, page 
20. 
how terms to be arranged — 
Article VI., section 2, para- 
graph 2, page 20. 
. term of office — Article VI., 
section 2, paragraph i, page 
19. 
Courts, offices vacated by election of incumbents to the 
Legislature — Article IV.. section 5, paragraph 3, page 10. 
Judgment in cases of impeachment, effect of — Article VI., section 3, 

paragraph 3, page 20. 
Judicial officers to be suspended during trial by impeachment — Article 
VI., section 3, paragraph 2, page 20. 
powers, in what courts vested — Article VI., section 1, para- 
graph 1, page 19, 

Judiciary — Article VI., page 19. 

Juries, special acts providing for selection of, not to be passed — Article 

IV., section 7, paragraph 11, page 13. 
Jury, right of trial by, to be inviolate — Article I., paragraph 7, page 4. 

when may consist of six men — Article I., paragraph 7, page 4. 
Justices of the Peace, election and term of office ; how commissioned, 

and when office vacated — Article VII., section 

2, paragraph 7, page 25. 

number to be elected — Article VI., section 7, 

paragraph 1, page 22. 
office vacated by election of incumbent to the 

Legislature — Article IV., section 5, paragraph 

3, page 10. 

Supreme Court, how appointed, term of office and com- 
pensation — Article VII., section 2, 
paragraph 1, page 24. 

number of — Article VI., section 5, 
paragraph 1, page 21. 

office vacated by election of incumbent 
to the Legislature — Article IV., sec- 
tion 5, paragraph 3, page 10. 

to appoint law reporter — Article VII., 
section 2, paragraph 4, page 25. 



46 INDEX. 



Justices of the Supreme Court to hold Circuit Courts — Article VI., 

section 5, paragraph 2, page 21. 
when not to sit as members of Court of 
Errors and Appeals — Article VI., 
section 2, paragraph 6, page 20. 



Lands, donations of by State or municipal corporations forbidden — 
Article I., paragraph 20, page 6. 
may be taken for highways — Article I., paragraph 16, page 5. 
of minors, special acts authorizing sale of forbidden — Article 
IV., section 7, paragraph 7, page 13. 
Law Reporter, appointment and term of office of — Article VII., section 
2, paragraph 4, page 25. 
of descent, not to be changed by special acts — Article IV-, section 
7, paragraph 1 1, page 13. 
Laws, creating debt, when required to be ratified by the people— r Article 
IV., section 6, paragraph 4, page 11. 
enacting clause of prescribed — Article IV., section 7, paragraph 

5, page 12. 
existing, not to be made part of new acts unless recited at length 

— Article IV-, section 7, paragraph 4, page 12. 
ex post facto, shall not be passed — Article IV., section 7, para- 
graph 3, page 12. 
general — (see General Laws,) 
not to be revived or amended by reference to title — Article IV., 

section 7, paragraph 4, page 12. 
special — (see Special Laws.) 

to embrace but one object, which shall be expressed in title — 
Article IV., section 7, paragraph 4, page 12. 
Legislation, special — (see Special Laws.) 
Legislative power, in what vested — Article IV., section I, paragraph 1, 

page 7. 
Legislature, cases in which shall not pass special acts — Article IV., 
section 7, paragraph 13, page 11. 
each house the judge of the election of its members — 
Article IV., section 4, paragraph 2, page 9. 
to choose its own officers and make its own 
rules — Article IV., section 4, paragraph 
3, page 9. 



INDEX. 47 



Legislature, each house to keep and publish a journal of its proceed- 
ings — Article IV., section 4, paragraph 
4, page 9. 
forbidden to pass certain laws — Article IV., section 7, 

paragraph 3, page 12. 
how to act on bills vetoed by Governor — Article V., para- 
graph 7, page 16. 
pass bills and joint resolutions — Article IV., section 
4, paragraph 6, page 9. 
may alter time of general election — Article IV., section 1, 
paragraph 3, page 8. 
be convened in extra session by the Governor — Arti- 
cle V., paragraph 6, page 16. 
deny right of suffrage to persons convicted of 

bribery — Article II. , paragraph 2, page 7. 
provide for canvass and return of votes of absent 

electors — Article II. , paragraph 1, page 7. 
vest in certain courts chancery powers — Article IV., 
section 7, paragraph 10, page 13. 
members of, an election to what offices shall vacate seat 
of — Article IV., section 5, paragraph 2, 
page 10. 
may administer official oath to each other — 
Article IV., section 8, paragraph 1, page 
14. 
official oath of — Article IV., section 8, para- 
graph \, page 14. 
pay of — Article IV., section 4, paragraph 7, 

page JO. 
to what offices shall not be appointed — Arti- 
cle IV., section 5, paragraph 1, page 10. 
when privileged from arrest — Article IV., 
section 4, paragraph 8, page 10. 
to be elected — Article IV., section 1, 
paragraph 3, page 8. 
not to grant divorce — Article IV., section 7, paragraph 1, 

page 12. 
official oath of officers — Article IV., section 8, paragraph 

2, page 15. 
powers of the two houses — Article IV., section 4, para- 
graphs 1, 2, 3, 4 and 5, page 9. 



48 INDEX. 



Legislature shall not appropriate school fund to any other purpose — 

Article IV., section 7, paragraph 6, page 12. 
elect Governor to any State or United States 
office during term — Article V., paragraph 8, 
page 17. 
provide manner of giving notice of intention to in- 
troduce private bills — Article IV., section 
7, paragraph 9, page 13. 
system of free public schools — Article IV., 
section 7, paragraph 6, page 12. 
to choose Governor in case of tie, and provide mode of de- 
termining contested elections — Article V., paragraph 
2, page 15. 
provide for organization of militia — Article VII., sec- 
tion 1, paragraph 1, page 23. 
time and manner of electing militia officers — 
Article VII., section 1, paragraph 6, page 23. 
vacancies in how filled — Article IV., section 4, paragraph 

1, page 9. 
what offices shall be vacated by election of incumbent to 

— Article IV., section 5, paragraph 3, page 10. 
when and how debts may be created by — Article IV., sec- 
tion 6, paragraph 4, page 11. 
Libel, trials for — Article I., paragraph 5, page 4. 
Liberty, of press and speech — Article I., paragraph 5, page 4. 

religious — Article I., paragraphs 3 and 4, pages 3 and 4. 
Loan of the credit of the State forbidden — Article IV., section 6, para- 
graph 3, page 1 1 . 
or money of municipalities forbidden — Article I., 
paragraph 19, page 6. 
Lotteries not to be authorized by the State — Article IV., section 7, 

paragraph 2, page 12. 
Lottery tickets, sale of, forbidden — Article IV., section 7, paragraph 2, 

page 12.* 
Lunatics not electors — Article II., paragraph 1, page 6. 



M 



Major Generals of Militia, how appointed— Article VII., section 1, 
paragraph 5, page 23. 



INDEX. 49 



Members of General Assembly, how and when apportioned among the 

several counties — Article IV., sec- 
tion 3, paragraph 1, page 8. 
number of, restricted to Sixty — Article 
IV., section 3, paragtaph 1, page 8. 
Legislature, an election to what offices shall vacate seat 
of — Article IV., section 5, paragraph 2, 
page 10. 
compensation of — Article IV., section 4, 

paragraph 7, page 10. 
oath of office, and how administered —Article 

IV., section 8, paragraph 1, page 14. 
to what offices shall not be appointed — Ar- 
ticle IV., section 5, paragraph 1, page 10. 
when privileged from arrest — Article IV. y 
section 4, paragraph 8, page 10. 
the Senate and General Assembly, qualifications for — Ar- 
ticle IV., section 1, 
paragraph 2, page 7. 
when to be elected — 
Artiole IV. , section 1 , 
paragraph 3, page 8, 
Military, Governor to be Commander in Chief of — Article V., paragraph 
6, page 16. 
power subordinate to civil power — Article I., paragraph 12, 

page 5. 
quartering of — Article I., paragraph 13, page 5. 
Militia, commissioned officers of, not to be removed, except by court 
martial — Article VII., section 1, paragraph 6, page 23. 
fine, when imprisonment for forbidden — Article I., paragraph 

17, page 5. 
Legislature to provide for organization of — Article YIL, sec- 
tion I, paragraph 1, page 23. 
officers, how chosen — Article VII., section 1, page 23. 
Minors, special laws authorizing sale of lands of, not to be passed — 

Article IV., section 7, paragraph 7, page 13.- 
Money or credit of municipal corporations not to be given or loaned — 
Article I., paragraphs IP and 20, page 6. 
of the State not to be drawn from treasury, except on appro- 
priations — Article IV., section 6, paragraph 2, page 11. 
of State or Municipal Corporations, when appropriations for- 
bidden — Article I., paragraph 20., page 6. 

4 



50 INDEX. 



Mortgages, in foreclosure of, Common Pleas and Circuit Courts may 
be invested with Chancery powers — Article IV., section 7, 
paragraph 10, page 13. 
Municipal Affairs, special acts appointing commissioners to regulate, 
not to be passed — Article IV., section 7, paragraph 11, 
page 13. 
corporations shall not loan or give money or credit — Article 
I., paragraphs 19 and 20, page 6. 

Natural rights — Article I., paragraph 1, page 3. 

Nominations by Governor shall not be made during last week of his 

term — Article V., paragraph 3, page 15. 
Notice of intention to apply for private acts, how to be given — Article 

IV., section 7, paragraph 9, page 13. 
Number of members of the General Assembly limited to sixty — Article 

IV., section 3, paragraph 1, page 8. 

o 

Oath, official, of members of Legislature — Article IV., section 8, para- 
graph 1, page 14. 
officers of Legislature — Article IV., section 8, para- 
graph 2, page 15. 
of Senators in impeachment trials — Article VI., section 3, para- 
graph 1, page 20. 
Objects of government — Article I., paragraph 2, page 3. 
Office, religious test not required as qualification for — Article I., 
paragraph 4, page 4. 

Office, tenure of — Article VII., page 23. 

Officers of Legislature, how chosen — Article IV., section 4, paragraph 

3, page 9. 
shall take oath — Article IV., section 8, para- 
graph 2, page 15. 
militia, how chosen — Article VII., section 1, page 23. 
under State, or United States, shall not exercise office of Gov- 
ernor — Article V., paragraph 8, page 17. 

Officers, Civil — Article VII,, section 2, page 24. 



INDEX. 51 



Offices, an election to which shall vacate seat in Legislature — Article 
IV., section 5, paragraph 2, page 10. 
the incumbents of which shall not be entitled to seats in Legis- 
lature — Article IV.. section 5, paragraph 3, page 10. 
to which members of the Legislature shall not be elected — Ar- 
ticle IV., section 5, paragraph 1, page 9. 
vacated on election of incumbents to Legislature — Article IV., 
section 5, paragraph 3, page 10. 
Organization of militia, Legislature to provide for — Article VII., sec- 
tion 1, paragraph 1, page 23. 
Orphans' Courts, appeals from may be made to Prerogative Court — 
Article VI., section 4, paragraph 3, page 21. 
when appeals from not to be made to Supreme or Cir- 
cuit Courts — Article VI., section 4, paragraph 3, 
page 21. 



Pardons, how and by whom granted — Article V., paragraph 10, page 

18. 
Paupers not electors — Article II., paragraph 1, page 6. 
Pay of members of Legislature — Article IV., section 4, paragraph 7, 

page 10. 
People, political power inherent in ; government instituted for and may 
be altered by — Article I., paragraph 2, page 3. 
right of to assemble and petition — Article I., paragraph 18, 
page 6. 
Persons accused of crimes, right of — Article I., paragraphs 8, 9 and 10, 

pages 4 and 5. 
treason, rights of — Article I., paragraph 14, page 5. 
and property secure against unreasonable search — Article I., 
paragraph 6, page 4. 
Petition, right of — Article I., paragraph 18, page 6. 
Political powers inherent in people — Article L, paragraph 2, page 3. 
Population of townships and wards, how to be ascertained — Article VI., 

section 7, paragraph 2, page 22. 
Power, judicial, in what courts vested — Article VL, section 1. para- 
graph 1, page 19. 
legislative, in what vested — Article IV., section 1, paragraph 1, 

page 7. 
military, subordinate to the civil — Article I., paragraph 12, 
page 5. 



52; INDEX. 



Powers of Government, distribution of — Article III., page 7. 

the two Houses of the Legislature — Article IV., section 
4, paragraphs 1, 2, 3, 4 and 5, page 9. 
Preamble — page 3. 

Prerogative Court, appeals from Orphans' Courts may be made to — 

Article VI., section 4, paragraph 3, page 21. 
Chancellor to be Judge of — Article VI., section 4, 

paragraph 2, page 21. 
Secretary of State to be Register of — Article VIII., 
section 4, paragraph 4, page 2] . 
President of Senate, compensation of — Article IV., section 4, para- 
graph 7, page 10. 
to act as Governor in case of vacancy — Article 
V., paragraphs 12, 13 and 14, pages 18 and 19. 
Press, liberty of — Article I., paragraph 5, page 4. 
Prison Keeper, State, appointment and term of office of — Article VII., 

section 2, paragraph 3, page 24, 
Private Acts — (see Special Acts.) 

property, how taken for public use — Article IV., section 7, 
paragraph 8, page 13. 
Privilege of writ of habeas corpus — Article I., paragraph 11, page 5. 
Proceedings of Legislature, by whom journal of kept and published — 

Article IV., section 4, paragraph 4, 
page 9. 
yeas and nays on passage of bills to be 
entered on journal of — Article IV., sec- 
tion 4, paragraph 6, page 9. 
Property, how to be assessed for taxes — Article IV., section 7, para- 
graph 12, page 14. 
of municipal corporations, not to be given or loaned — Article 

I., paragraphs 19 and 20, page 6, 
private, how taken for public use — Article I., paragraph 16, 
page 5. 
Prosecutors of the Pleas, appointment and term of office of — Article 

VII., section 2, paragraph 3, page 24. 
Public money, when not to be appropriated — Article I., paragraphs 19 
and 20, page 6. 
schools, how fund for support of shall be invested and income 
appropriated — Article IV., section 7 r paragraph 6, 
page 12. 



INDEX. 53 



Public schools, Legislature to provide for support and management of 
— Article IV., section 7, paragraphs 6 and 11, pages 
J2and 13. 
special acts for management of not to be passed — Arti- 
cle IV., section 7, paragraph 11, page 13. 

Q 

Qualification for electors — Article II., paragraph 1, page 6. 

Governor — Article V., paragraph 4, page 16. 
members of the Legislature — Article. IV., section 1, 

paragraph 2, page 7. 
office, religious test not required— Article I., para- 
graph 4, page 4. 
Quartering of soldiers in time of peaoe forbidden — Article L, paragraph 

13, page 5. 
Quartermaster-General, how appointed — Article VII., section 1, para- 
graph 5, page 23. 

R 

Railroad tracks, right to lay not to be granted by special acts — Article 
IV., section 7, paragraph 11, page 13. 

Reconsideration of acts vetoed by Governor, how effected — Article V., 
paragraph 7, page 16. 

Redress of grievances, right to petition for — Article L, paragraph 18, 
page 6. 

Religious liberty — Article I., paragraphs 3 and 4, pages 3 and 4. 

tests, not required as qualifications for office — Article J., 
paragraph 4, page 4. 

Reprieves, when may be granted by Governor — Article V., paragraph 
9, page 18. 

Resignation of Governor, in case of, how vacancy filled — Article V., 
paragraph 12, page 18. 

Revenue, bills for raising must originate in House of Assembly— Arti- 
cle IV., section 6, paragraph 1, page 11. 

Right of Suffrage — Article II., page 6. 

of convicts may be restored by law — Article JL, 

paragraph 1, page 6. 
persons convicted of bribery may be deprived 

of — Article II., paragraph 2, page 7. 



54 INDEX. 



Right of suffrage, who entitled to — Article II., paragraph l,page 6. 
trial by jury — Article I., paragraph 7, page 4. 
to assemble and petition — Article I., paragraph 18, page 6. 

Rights and Privileges — Article I., page 3. 

enumeration of, not to impair rights retained 
— Article I., paragraph 21, page 6. 
natural — Article I., paragraph 1, page 3. 

of accused persons — Article I., paragraphs 8, 9 and 10, pages 
4 and 5. 
conscience — Article I., paragraph 3, page 3. 
persons accused of treason — Article I., paragraph 14, page 5. 
Roads, cases in which special acts respecting shall not be passed — Arti- 
cle IV , section 7, paragraph 11, page 13. 
Rules of Senate and General Assembly, how made — Article IV., section 
4, paragraph 3, page 9. 



s 

Salaries of public officers, special acts changing during term of offioe 
shall not be passed — Article IV., section 7, paragraph 11, 
page 13. 

Salary of Governor shall not be changed during his term — Article V., 
paragraph 5, page 16. 

Sale of lottery tickets forbidden — Article IV., section 7, paragraph 2, 
page 12. 

School Fund, how invested and income appropriated — Article IV., sec- 
tion 7, paragraph 6, page 12. 

Schools — (see Public Schools.) 

Schedule — Article X., page 28. 

Seal of the State, official custody and title of — Article VIII., paragraph 

2, page 26. 
Search, unreasonable forbidden — Article I., paragraph 6, page 4. 

warrants, when shall not issue — Article I., paragraph 6, page 4. 
Secretary of State, appointment and term of office of — Article VII., 
section 2, paragraph 3, page 24. 
to be Clerk of Court of Errors and Appeals— Arti- 
cle VI., section 2, paragraph 4, 
page 20. 



INDEX. 55 



Secretary of State to be clerk of courts of impeachment — Article VI. 

section 3, paragraph 4, page 21. 
Register of Prerogative Court — Article VI., 
section 4, paragraph 4, page 21. 
when to be auditor of Treasurer's accounts — Arti- 
cle VIII., paragraph 1, page 26. 

Senate, adjournment of, how effected — Article IV., section 4, para- 
graphs 2 and 5, page 9. 
compensation of members of — Article IV., section 4, paragraph 
7, page 10. 
president of — Article IV., section 4, paragraph 
7, page 10. 
election to what offices shall vacate seat of member of — Article 

IV., section 5, paragraph 2, page 10. 
how composed — Article IV., section 2, paragraph 1, page 8. 
may be convened in extra session by Governor — Article V., 

paragraph 6, page 16. 
oath of members of — Article VI., section 3, paragraph 1, page 

20, and Article IV.. section 8, paragraph 1, page 14. 
official terms of members of — Article IV., section 2, paragraph 

2, page 8. 
persons not entitled to right of suffrage ineligible for member- 
ship in — Article IV., section 1, paragraph 2, page 7. 
powers of — Article IV., section 4, paragraphs 1, 2, 3, 4 and 5, 

page 9. 
President of to act as Governor in case of vacancy — Article 

V., paragraphs 12, 13 and 14, pages 18 and 19. 
qualifications of members of — Article IV., section 1, paragraph 

2, page 7. 
shall try all impeachments — Article VI., section 3, paragraph 

1, page 20. 
to choose its own officers and make its own rules — Article IV., 

section 4, paragraph 3, page 9. 
to judge of election of its members — Article IV., section 4, 

paragraph 2, page 9. 
to keep a journal of its proceedings — Article IV., section 4, 

paragraph 4, page 9. 
to what offices members of shall not be appointed — Article IV." 

section 5, paragraph 1, page 10. 
what offices shall be vacated by election of incumbent to — 
Article IV., section 5, paragraph 3, page 10. 



56 INDEX. 



Senate, when members of privileged from arrest — Article IV., section 

4, paragraph 8, page 10. 
to be elected — Article IV., section 1, para- 
3, page 8. 
who not entitled to seats in — Article IV., section 5, para- 
graph 3, page 10. 
Senate and General Assembly, Legislative power vested in — Article 

IV., section 1, paragraph 1, page 7. 
Sect, preference by law forbidden — Article I., paragraph 4, page 4. 
Security of persons and property — Article I , paragraph 6, page 4. 
Sessions, extra, of Legislature or Senate alone, how called — Article V., 

paragraph 6, page 16. 
Sheriff, election and term of office — Article VII., section 2, paragraph 
6, page 25. 
office of vacated by election of incumbent to the Legislature — 
Article IV., section 5, paragraph 3, page 10. 
Soldiers, when quartering of forbidden — Article I., paragraph 13, 
page 5. 
and Sailors not deprived of right of suffrage by absence in 
military service in time of war — Article 
II., paragraph 1, page 6. 
to be considered residents, because sta- 
tioned in the State — Article II., para- 
graph 1, page 6. 
Speaker of the General Assembly, pay of — Article IV., section 4, para- 
graph 7, page 10. 
when to act as Governor — Article 
V , paragraphs 12, 13 and 14, 
pages 18 and 19. 
Special laws, authorizing sales of lands of minors, not to be passed — 
Article IV., section 7, paragraph 7, page 13. 
not to be passed, unless public notice of intention to apply 
for has been given — Article IV., section 7, paragraph 
9, page 13. 
§fo.all not be passed in certain cases —Article IV., section 
7, paragraph 9, page 13. 
provisions not to be inserted in general laws — Article IV., 
section 7, paragraph 4, page 12. 
Speech, liberty of — Article I., paragraph 5, page 4. 
S-tate, credit of, not to be loaned — Article IV., section 6, paragraph 3, 
page 11. 
Prison Keeper, appointment and term of office of — Article VII., 
section 2, paragraph 3, page 24. 



INDEX. 57 



State shall not make donation of land or money — Article I., paragraph 
20, page 6. 
Treasurer, appointment and term of office of — Article VII., sec- 
tion 2, paragraph 2, page 24. 

Suffrage, right of — Article II., page 6. 

electors absent in army or navy in time of war 

to retain — Article II., paragraph 1, page 6. 
of convicts may be restored by law— Article II., 

paragraph 1, page 6. 
persons convicted of bribery may be deprived 

of — Article II., paragraph 2, page 7. 
who entitled to — Article II., paragraph 1, page 6. 
Subordination of military to civil power — Article I., paragraph 12, 

page 5. 
Support of ministry, taxation for forbidden — Article I., paragraphs 3 

and 4, pages 3 and 4. 
Supreme Court, appointment and term of office of Clerk of — Article 

VII., section 2, paragraph 3, page 24. 
compensation and terms of office of Jus- 
tices of — Article VII., section 2, para- 
graph 1, page 24. 
how to be composed — Article VI., section 5, para- 
graph 1, page 21. 
when appeal from Orphan's Court not to be made to — 
Article VI., section 4, paragraph 3, page 21. 
Justices of not to sit as members of Court of Er- 
rors and Appeals — Article VI., section 2, 
paragraph 6, page 20. 
writs of error from Circuit Courts to — Article VI., 
section 5, paragraph 3, page 22. 
Surrogate, election and official term— Article VII., section 2, paragraph 
5, page 25. 
General, Chancellor to be — Article VI., section 4, paragraph 

2, page 21. 
how vacancies in office filled — Article V., paragraph 12, 
page 18. 
Suspension of writ of habeas corpus — Article I., paragraph 11, page 5. 



58 INDEX. 



T 



Taxes, how property to be assessed for— Article IV., section 7, para- 
graph 12, page 14. 

Tenure of Office — Article VII., page 23. 

Term, official, of Attorney General, Prosecutors of the Pleas, Clerks 
of Supreme Court and Court of Chancery, Secre- 
tary of State and Keeper of State Prison — Article 
VII., section 2, paragraph 4, page 24. 
civil officers, when to commence — Article VII., sec- 
tion 2, paragraph 10, page 26. 
Clerks and Surrogates — Article VII., section 2, para- 
graph 5, page 25. 
Governor — Article V., paragraph 3, page 15 
Judges of Court of Errors — Article V-, section 2, 
paragraph 1, page 19. 
Courts of Common Pleas — Article VII., 
section 2, paragraph 2, page 24. 
Justices of Supreme Court and Chancellor — Article 

VII., section 2, paragraph 1, page 24. 
Justices of the Peace — Article VII., section 2, para- 
graph 7, page 25. 
Law and Chancery Reporters — Article VII., section 

2, paragraph 4, page 25. 
Senators — Article IV., section 2, paragraphs 1 and 2, 

page 8. 
Sheriffs and Coroners — Article VII., section 2, para- 
graph 6, page 25. 
State Treasurer and Comptroller — Article VII., sec- 
tion 2, paragraph 2, page 24. 
Title of Legislative acts to express object — Article IV., section 7, 

paragraph 4, page 12. 
Towns, special act regulating affairs of not to be passed — Article IV., 

section 7, paragraph 11, page 13. 
Treason, what constitutes and how proven — Article I., paragraph 14, 

page 5. 
Treasurer, State, appointment and official term — Article VII., section 2, 
paragraph 2, page 24. 
when accounts to be audited by Secretary of State — 
Article VIII., paragraph 1, page 26. 
Treasury, State, money to be drawn from only on appropriations — Ar- 
ticle IV., section 6, paragraph 2, page 11. 



INDEX. 59 



Trial after acquittal forbidden — Article I., paragraph 10, page 5. 

by jury, right to remain inviolate — Article I., paragraph 7, page 4. 

IJ 

Unalienable rights — Article I., paragraph 1, page 3. 

United States, officers of, shall not be entitled to seats in Legislature — 

Article IV., section 5, paragraph 3, page 10. 
Unusual and cruel punishments forbidden — Article I., paragraph 15, 

page 5. 

v 

Vacancies in Legislature, how filled — Article IV., section 4, paragraph 
1, page 9. 
office of Governor, how filled — Article V., paragraphs 12, 

13, and 14, pages 18 and 19. 
offices, how filled during recess of Legislature — Article 
V., paragraph 12, page 18. 
Venue, special acts providing for change of not to be passed — Article 

IV., section 7, paragraph 11, page 13. 
Veto power — Article V., paragraph 7, page 16. 
Vote, who entitled to — Article II., paragraph 1, page 6. 

w 

War, debt exceeding one hundred thousand dollars, not to be created, 
except for purposes of — Article IV., section 6, paragraph 4, 
page 1 1 . 
Warrants, search, when shall not issue — Article I., paragraph 6, 

page 4. 
Writs and indictments, stipulations concerning form of — Article VIII., 
paragraph 3, page 26. 
of error to Court of Appeals — Article VI., section 2, paragraph 
6, page 20; Article VI., section 5, paragraph 3, 
page 22. 
Prerogative Court — Article VI., section 4, para- 
graph 3, page 21. 
Supreme Court — Article VI., section 5, paragraph 
3, page 22. 
habeas corpus, when may be suspended — Article I., para- 
graph 11, page 5. 




THE 




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